The Real Deal New York

Brooklyn landlord must restart tenant’s eviction: Judge

December 26, 2013 12:50PM


598 Marcy Avenue

A Brooklyn Housing Court judge ruled that a tenant, who was evicted from his apartment but then paid his back rent to a superintendent, can no longer be kicked out based on the original eviction notice.

Management company 598 Marcy Avenue Associates LLC had evicted Alex Othman, a resident of the four-story, eight-unit rental building, for not paying $4,050 in rent. After Othman failed to attend a hearing in June, he received an eviction warrant in October. On the day of the October hearing, Othman handed a money order of $6,750 to superintendent Mamerto Rodriguez to pay off his debt, and subsequently moved back into the apartment.

The landlord requested that the original eviction notice be re-issued, arguing that Othman was trespassing, the Brooklyn Eagle reported. The judge said that the company must begin a new eviction proceeding in order to remove Othman from the unit.

“Once a warrant of eviction has been executed … if the tenant as a trespasser thereafter re-enters into possession of the premises, the marshal cannot re-execute the warrant of eviction and re-evict him,” Judge Gary Marton wrote. [Brooklyn Eagle]Mark Maurer

  • Terri Sanders

    After paying over $6K to the landlord seems fair he should give the tenant a second chance…

    • no-permits

      yeah? what about the rest of the money that this guy likely owes. you know nothing about this business.

      • Concerned NYer

        how did you arrive at the assumption no-permits? from the statement it seems he has paid more than the original amount that caused the eviction “for not paying $4,050 in rent” “Othman handed a money order of $6,750 to superintendent”. I know a lot about the business and I completely disagree with you. Unjustified high rents and the high cost of living in this city is ruining the city and driving people and business out of the city and the state. Greed will do to this city what happened in Colorado and that city eventually failed. We are heading in that direction. High rents are causing businesses to look at other venues and big box stores are closing and moving. You indicate that you are knowledgeable of this “business” but you comments indicates that maybe, just maybe you are not fully aware yourself of the consequences of the homelessness of the city. This person paid his rent — even if it was late — he still paid. And that should be the bottom line. He paid.

        • no-permits

          the time between when the judgement and eviction warrant is executed and the actual eviction date where the marshall comes to remove the tenant from the property is usually a while. believe me, no tenant is going to pay extra rent, this is probably what he owed as of the date he paid. it’s people like othman and freeloaders that cost everyone else more money.

      • Terri Sanders

        Wow “no-permits” no need to get ugly sir. All I’m saying is the person pays up more than $6K at least is he is showing some good faith effort to make things right. Not to NOT PAY THE REST of what he owes. Thanks “Concerned NYer”.